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Comparative Law and Hybrid Legal Traditions
Collection of papers delivered at a symposium held in Lausanne, 10-11 September 2009."
The Future of European Property Law
European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Comparative Law
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Comparative Legal History
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Proceedings / Actes et Documents of the XIXth Session of The Hague Conference on Private International Law
This volume of the Proceedings of the Nineteenth Session of the Hague Conference on Private International Law encompasses all preparatory work and records of meetings which led to the adoption of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary (the Hague Securities Convention). The signing of this Convention on 5 July 2006 by two of the world's major financial markets, the United States and Switzerland, shows the relevance of the new treaty. Traditional rules, based on physical transfers and direct holdings, are too diverse and inadequate to deal with securities which are nowadays transferred and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries. By identifying specific conflict rules, the Hague Securities Convention provides a means to remedy this lack of legal certainty which has characterized for too long the field of security transactions. The Proceedings will enable the financial world, but also legal practitioners and academics to grasp the background and full objectives of this very innovative international instrument.
Microtrade
With contributions from well-regarded scholars of international economic law, this book sets out the case for an innovative solution to extreme poverty which utilizes international trade and its legal framework to relieve populations of the poorest countries around the world of extreme poverty. "Microtrade" is international trade on a small scale, based primarily on manually produced products using small amounts of capital and low levels of technology available at a local level in lesser developed countries. This book explores the theory, application, and legal framework for microtrade. In the first part of the book the architect of the microtrade theory, Yong-Shik Lee, offers a theoretical ...
The Unidroit Principles of International Commercial Contracts
The Unidroit Principles are a restatement of the law applicable to international commercial contracts that have been developed on the basis of an innovative comparison of the leading contract laws. As such, their authority rests on the standing of UNIDROIT, the institution responsible for their preparation, and on the quality of the rules they propose. This book provides a comprehensive in-depth analysis of the foundations of, and justifications for, an application of the Unidroit Principles. Its conclusion–that the Unidroit Principles may constitute a true governing law to be recognized by arbitral tribunals and domestic courts alike–will further contribute to the worldwide success of the Unidroit Principles.
Justice and International Law in Meiji Japan
This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of...
Comparative Contract Law, Second Edition
Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.
